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How can I be added to the EB-5 application of my boyfriend when we get married?

My boyfriend is waiting to get his conditional residency green card, which he is expected to get by end of this year. Recently I''ve got my PHD student visa for 5 years starting fall 2022, now if we plan to marry in future, what will be the process to add me in his application as his spouse? And will I be able to apply for opt/cpt during and after my PHD is done if I have I-130 in progress? What are the timelines and process?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you marry in good faith before he is approved, you will likely also get a conditional green card with him. If not, he has to file an I-130 based 2nd preference petition. If there is no waiting line, you can file to adjust; if there is, you have to wait until your priority date is current.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If you marry before he becomes a conditional PR, you can start your own adjustment case as a derivative. If you marry thereafter then he would file a family-based case for you in the FB-2a category. Either should work under current processing times.